Mental Illness and Crime

Question 1

Perceptions of mental illness and crime

Answer 1

Perception that mentally ill are dangerous

Numbers of mentally ill in CJS due in part to capacity of mental health system

System of 500 homicide case:

• 44% had MD in their lifetime
• 14% symptoms of MI at time of offence
• in year prior, 8% had contact with MHS

Question 2

Problems understanding relationship btw Mental illness and crime

Answer 2

Confounding factors

• gender, class, age
• Overlapping definitions
• Effects of medication
• Mis classification of mentally ill

Social trends/factors (deinstitutionalisation)

Methodological problems (sampling)

Comorbidity with substance abuse

LINK is NOT CAUSAL

Question 3

Mental health and crime - sources of evidence

Answer 3

Higher levels of mental illness in convicted offenders

Comparing criminality in those with mental disorders on release with members of same community with no mental illness

Long-term studies using those born in particular period who develop a MI also tend to have higher levels of criminality

Strong positive relationship to GENERAL offending

Question 4

Ralph Tortorici case

Diagnosed schizophrenia in adolescence

Answer 4

Example of competency to stand trial

Initially found incompetent but then stood trial despite psychiatrists report

Used competency test of knowing the difference btw a judge and a grapefruit

Found guilty and committed suicide in jail

Question 5

Competency to stand trial

Defendant’s mental capabilities at the time of the trial determine competency to stand trial

Answer 5

Relates to the defendant’s mental capabilities at the time of the crime

Criteria:
Sufficient ability to follow proceedings
Ability to understand jurors can be challenged, comprehend details of evidence, understand meaning and implications of charges, instruct lawyers effectively

If unfit, hearing to determine likelihood they committed crime - if unlikely discharged

Question 6

Qld Mental Health Act 2000

Fit to plead at trial, instruct counsel and ensure the trial with serious adverse consequences to the person’s mental condition unlikely

Answer 6

Qld Mental Health Court

Supreme Court Judge + 2 psychiatrists

Determines criminal responsibility and fitness to stand trial (temporary or permanent)

Not fit for trial - diverted to mental health system

Question 7

Four elements of Criminal Responsibility

Answer 7

1. Actus reus: they committed the crime
2. Mens rea: had the intent for the crime
3. Causation: defendants actions must have caused the event (eg weren’t framed)
4. Absence of defence: no acceptable legal defence (insanity)

Question 8

Insanity defence

Answer 8

Legal concept (not psychiatric)

McNaughten’s rule: person not criminally responsible if at the time they did not know the nature and quality of their act - incapable of knowing what they were doing and that it was morally wrong

Few people meet legal criteria - very hard to prove

Question 9

Qld’s ‘of unsound mind’

Answer 9

State of mental disease or natural mental infirmity deprive the person of capacity to understand or control what they are doing or that they ought not to do the act

NOT substance use

Of unsound mind = discontinued/MHS

Of sound mind = returned to criminal court

Question 10

Diminished responsibility

Answer 10

NOT substance use

At time… state of abnormality of mind or arrested or retarded development

Not liable due to impairment in mental functioning

If MHC finds diminished responsibility in case or murder, murder charges dropped but other offences cont.

Question 11

Qld court statistics

Answer 11

Less than 1% referred to MHC (226 referrals)

MHC
- 12 references for murder = 2 of unsound mind, 1 of diminished responsibility

• 12 references for attempted murder = 6 of unsound mi d (forensic detention order)